Paragraph 10 I1

After section 11 insert—

“Change in gender of party to marriage

11A

(1)

This section applies in relation to a protected marriage if (by virtue of section 4(2)(b) or 4A) a full gender recognition certificate is issued to a party to the marriage.

(2)

The continuity of the protected marriage is not affected by the relevant change in gender.

(3)

If the protected marriage is a foreign marriage—

(a)

the continuity of the marriage continues by virtue of subsection (2) notwithstanding any impediment under the proper law of the marriage;

(b)

the proper law of the marriage is not affected by its continuation by virtue of subsection (2).

(4)

In this section—

• “foreign marriage” means a marriage under the law of a country or territory outside the United Kingdom;

• “impediment” means anything which affects the continuation of a marriage merely by virtue of the relevant change in gender;

• “proper law”, in relation to a protected marriage, means the law of the country or territory under which the marriage was entered into;

• “relevant change in gender” means the change or changes of gender occurring by virtue of the issue of the full gender recognition certificate or certificates.”.